SPECIALIZED SERVICES

Immigrant Visa and Non-Immigrant Visa Services

Illinois Employment-Based and Family-Based Immigration Attorneys

The Shapiro Law Group of Chicago and Northbrook, Illinois represents businesses and individuals in a broad range of immigration matters, including immigrant visas and green card, non-immigrant work visas, and citizenship. Our principal attorney, Ronald Shapiro, has practiced exclusively in immigration law for over 30 years.

Read below for more information about your specific issue, or contact an immigration lawyer who can knowledgeably and capably address your legal situation.

• E Work Visas for Treaty Traders
• E-3 Work Visas for Citizens of Australia
• Family based Immigrant Visas for husbands, wives, children, parents, brothers, and sisters
• H Work Visas
• H-1B Work Visa for Professionals
• H-1B Work Visa for Doctors
• H-1B1 Work Visa for Citizens of Chile
• H-1B1 Work Visa for Citizens of Singapore
• H-1C Work Visa for Nurses
• H-2B Visa to satisfy peak load and seasonal needs of employers, hospitals and nursing homes
• H-3 Visas for U.S. training of overseas workers
• K-Visas for your husband, wife, or fiancée
• K1 Visa (K-1 Visa) for your fiancée
• K3 Visa (K-3 Visa) for husbands and wives
• L Work Visas
• L-1A Work Visa for managers and executives who are intracompany transferees
• L-1B Work Visa for specialized knowledge employees who are intracompany transferees
• L-2 Spousal Employment
• NAFTA Employment / Work Visa
• TN Employment / Work Visa for Canadian Citizens
• TN Employment / Work Visa for Mexican Citizens
• O-1 Visa for individuals of extraordinary ability in the sciences, arts, or business
• Employment / corporate immigration matters
• Labor Certification Applications
• PERM
• Obtaining Visas from Overseas American Consulates
• Student Visa matters for holders of F1 Student Visas (F-1 Student Visas) and J1 Student Visas (J-1 Student Visas)
• Adjustment of status / permanent resident processing
• U.S. Citizenship Applications (Naturalization)
• Conrad Waivers for foreign physicians
• Work Visa allowing employment outside of the U.S. in Canada, Mexico, the UK and other countries.
• Diversity Immigrants (Visa Lottery)

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E Work Visas for Treaty Traders

An individual who is a citizen of a country, which has a Treaty of Trade and Commerce with the United States may obtain an E work visa allowing employment in the United States if he / she establishes that he / she has invested or is actively in the process of investing a substantial amount of capital to establish a business in the United States that will conduct trade with his / her country of citizenship.

An individual who is a citizen of a country which has a Treaty of Trade and Commerce with the United States may obtain an E work visa if it is established that he / she will be employed in the United States by an overseas corporation qualifying for Treaty Trader status and the individual will be providing services in the United States that are "essential to the efficient operation" of the Treaty Trade corporation.

E-3 VISAS FOR CITIZENS OF AUSTRALIA

On May 11, 2005, President Bush signed into law the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005. The Act contains a number of important immigration-related provisions that were added to the spending bill without Congressional debate, including a new E-3 non-immigrant visa category for certain Australian professionals.

Qualifications:

The Sponsored Employee must prove Australian citizenship.

The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent.

The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of E-3 visa.

The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an E-3 visa.

Time Allowed to Work on E-3 Visa:

Sponsored Employees who are granted E-3 visas will initially be allowed to stay in the U.S. for up to two years. This period of work authorization may be renewed in two-year increments.

E-3 visas are “indefinitely renewable”.

Spousal Employment:

E-3 spouses will be permitted to apply for employment authorization, since the provisions that permit spousal employment authorization apply equally to all visas in the E category. However, employment authorization is not available to children of E-3 non-immigrants.

Processing Time:

The Application for the E-3 visa will be made at an American Consulate located in Australia after the USDOL approves The US employer’s LCA.

Number of E-3 Visas for Australian Citizens:

Up to 10,500 E-3 visas will be available to Australian professionals each fiscal year; spouses and dependent children of E-3 visa holders are excepted from the annual limitation. Note that the annual 10,500 limitation is completely separate from the annual 65,000 limitation on H-1B professionals and the 20,000 H-1B visa numbers available to foreign nationals who have earned a master's or higher degrees from U.S. universities.

Extensions:

Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one year period of time.

Family based Immigrant Visas for husbands, wives, children, parents, brothers, and sisters

We will represent you in filing immigrant visa applications for spouses, parents, children, brothers & sisters.

United States (U.S.) Citizens are allowed to sponsor their immediate relatives for an immigrant visa (green card) under the following classifications:

U.S. citizens may sponsor their parents;

U.S. citizens may sponsor their wives or husbands;

U.S. citizens may sponsor their unmarried sons and daughters;

U.S. citizens may sponsor their married sons and daughters and

U.S. citizens may sponsor their brothers and sisters.

Lawful Permanent Residents (individuals who have green cards) are allowed to sponsor their immediate relatives for an immigrant visa (green card) under the following classifications:

Permanent Residents may sponsor their wives or husbands;

Permanent Residents may sponsor their unmarried sons and daughters.

H WORK VISAS

The H Work Visa allows for the employment in the U.S. of individuals who are not U.S. citizens, lawful permanent residents (green cards), or who otherwise do not have work authorization allowing employment in the United States. The type of H Work Visa depends on factors such as the education or training requirements, the type of work the position entails, and whether of not the employee has the required education or training allowing them to perform the duties of the sponsored position. The types of H Visas... that the firm prepares and files on behalf of clients include:

H-1B Visa for Professionals

The H-1B Non-immigrant Visa allows the temporary employment in the U.S. of individuals who are not citizens/permanent residents or who otherwise do not have work authorization.

A. Requirements:

The sponsored individual must be sponsored for a position that is generally considered to require at least a Bachelor's or higher degree to perform the duties of the position. Examples: financial planner, business analyst, accountant, software engineer, engineer, and programmer analyst.

Sponsored individuals must have either a Bachelor's or higher degree or its U.S. equivalent or a combination of education and experience equal to a U.S. Bachelor's or higher degree allowing him / her to perform the duties of the H-1B Visa sponsored position.

The wage being offered to the H-1B sponsored individual must be at least the prevailing wage, or the actual wage paid to other workers similarly employed, whichever is higher.

B. Time allowed to work in the United States on an H-1B Visa:

Employees sponsored to work in the U.S. on an H-1B Visa are allowed to initially work in the U.S. for up to three years.

The sponsored individual is allowed to work in the U.S. in H-1B Visa status for up to six years.

Individuals may have their H-1B Visa status extended in one year increments beyond the six year cap if the individual has had a labor certification application pending on their behalf for more than 365 days prior to reaching the six year cap on their H-1B Visa status.

C. H-1B Portability:

An individual who is presently in the U.S. in H-1B Visa status may begin to immediately work for a new H-1B employer as soon as the United States Citizenship and Immigration Services (USCIS) receives an H-1B Visa application filed on the individuals behalf.

D. H-1B Cap:

As of October 1st, 2005 (Fiscal Year 2006)... the USCIS can only approve 85,000 new H-1B Visa applications every U.S. Government Fiscal Year, as follows:

65,000 H-1B Visas for individuals who have a Bachelor's or higher degree.

20,000 additional H-1B Visas for individuals who have earned a Master's or higher degree from a U.S. institution of higher education.

In April 2008, USCIS announced that it had received enough H-1B petitions to meet the congressionally mandated cap of 65,000 H-1B visas for fiscal year 2009.

In the same month (April 2008), USCIS announced that it had received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009... for individuals who earned a Masters or higher degree from a U.S. institution of higher education.

As of April 1, 2009, an employer is able to file a petition requesting H-1B employment on behalf of a prospective employee with an employment start date of October 1, 2010 or later.  As of May 5, 2010, the H-1B cap has not been met for fiscal year 2011.

The H-1B cap does not apply to individuals who already are in H-1B status and who are applying for an extension of their H-1B status.

E. Sponsorship of Employees for H-1B Visas that will start on April 1, 2010 or later:

As of April 1, 2010, U.S. employers have been able to file new H-1B visa applications on behalf of foreign national employees who have never been classified as an H-1B non-immigrant.

The employment start date for these employees must be October 1, 2010 or later. This is the date when 65,000 new H-1B visas have become available at the start of the U.S. Government's fiscal year 2011 (FY 2011).

Under the Omnibus Appropriations bill signed into law on December 8, 2004... there are an additional 20,000 H-1B visas available on October 1st of each year for foreign national employees who have obtained a Masters or higher degree from a U.S. university. Employees with foreign M.S. or higher degrees do not qualify for these additional visas.

Because there continues to be H-1B visas available for fiscal year 2011, The Shapiro Law Group recommends that you review the sponsorship of individuals requiring H-1B visas. Should you have any questions, please feel free to contact my office.

H-1B Visa for Doctors

Doctors who will be providing direct patient care may be sponsored for an H-1B visa upon providing the following documentation:

• Proof that the sponsored doctor has a medical license allowing employment as a physician in the state of intended employment.
• Proof that the sponsored doctor has a full and unrestricted license to practice medicine in a foreign state or has graduated from a medical school in the United States or a foreign state.
• Proof that the sponsored doctor has passed both parts of the FLEX examination; or Parts I, II, & III of the NBME examination; or steps 1, 2, & 3 of the USMLE.
• Proof that the sponsored doctor has passed the ECFMG or is a graduate of a school of medicine accredited by a body or bodies approved for that purpose by the Secretary of Education.

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H-1B1 VISAS FOR CITIZENS OF CHILE

In 2003, the United States entered into a Free Trade Agreement with Chile. This agreement established certain employment based non-immigrant visa rights to citizens of Chile. The H-1B1 visa category allows citizens of Chile to be legally employed in the United States as H-1B1 non-immigrants if they meet the qualifications to be employed in a professional position.

Qualifications:

The Sponsored Employee must prove Chilean citizenship.

The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent.

The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa.

The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa.

Time Allowed to Work on H-1B1 Visa:

Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period of work authorization may be renewed in one-year increments.

H-1B1 visas are “indefinitely renewable”.

Non-Immigrant Intent Requirement:

As a limitation to the “indefinitely renewable” nature of the H-1B1 visa, the new law retains the traditional “non-immigrant intent” requirements of the immigration and nationality act. This means that if it is determined that the H-1B1 non-immigrant (sponsored employee) intends to obtain permanent residence status (green card) the H-1B1 visa will be denied.

Processing Time:

The Application for the H-1B1 visa will be made at an American Consulate located in Chile after the USDOL approves The US employer’s LCA.

Number of H-1B1 Visas for Chilean Citizens:

Under the Free Trade Agreement with Chile, no more than 1,400 H-1B1 visas may be issued each fiscal year to citizens of Chile.

Extensions:

Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one year period of time.

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H-1B1 VISAS FOR CITIZENS OF SINGAPORE

In 2003, the United States entered into a Free Trade Agreement with Singapore. This agreement established certain employment based non-immigrant visa rights to citizens of Singapore. The H-1B1 visa category allows citizens of Singapore to be legally employed in the United States as H-1B1 non-immigrants if they meet the qualifications to be employed in a professional position

Qualifications:

The Sponsored Employee must prove Singapore citizenship.

The Sponsored Employee must demonstrate that he/she will perform a profession or occupation in a “specialty occupation.” The term “specialty occupation” is defined in the same manner as that for H-1B professionals – i.e., the position must require theoretical or practical application of a body of specialized knowledge and the attainment of a bachelor’s or higher degree or its equivalent.

The Sponsored Employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for issuance of H-1B1 visa.

The US employer must file a Labor Condition Application (“LCA”) with the USDOL as a requirement for sponsoring an individual for an H-1B1 visa.

Time Allowed to Work on H-1B1 Visa:

Sponsored Employees who are granted H-1B1 visas will initially be allowed to stay in the U.S. for up to one year. This period is renewable in one-year increments.

H-1B1 visas are “indefinitely renewable”.

Non-Immigrant Intent Requirement:

As a limitation to the “indefinitely renewable” nature of the H-1B1 visa, the new law retains the traditional “non-immigrant intent” requirements of the immigration and nationality act. This means that if it is determined that the H-1B1 non-immigrant intends to obtain permanent residence status (green card) the H-1B1 visa will be denied.

Processing Time:

The Application for the H-1B1 visa will be made at an American Consulate located in Singapore after the USDOL approves PepsiCo’s LCA.

Number of H-1B1 Visas for Citizens of Singapore:

Under the Free Trade Agreement, no more than 5,400 H-1B1 visas may be issued each fiscal year to citizens of Singapore.

Extensions:

Individuals who are within the United State in H-1B1 status may file applications with CIS to extend their H-1B1 visa status for an additional one year period of time.

H-1C Visa for Nurses

Prior to December 20, 2009, Foreign Registered Nurses were able to be sponsored for an H-1C Visa by hospitals we represent that were qualified to sponsor foreign nurses under the H-1C Work Visa Program. Our firm represents registered nurses from all over the globe, including the Philippines, India, England, and Canada. Congress is presently working on legislation that will reinstate the H-1C program.

When Congress reinstates the H-1C program allowing foreign registered nurses to be sponsored for an H-1C Visa, a foreign Registered Nurse will have to provide the following documentation:

The sponsored Registered Nurse will have to provide a certificate from the Commission of Graduate Foreign Nursing Schools (CGFNS); or have a Registered nurse license to practice in the state of intended employment.

The sponsored Registered Nurse will have to have either a U.S. registered nursing education or a license to practice professional nursing in the foreign country where she/he obtained her/his nursing education.

The sponsored Registered Nurse will  have to have a Visa Screen Certificate.

The sponsored Registered Nurse will have to be qualified to practice nursing in the state of intended employment immediately upon admission to the U.S.

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H-2B Visa to satisfy peak load and seasonal needs of employers, hospitals and nursing homes

The H-2B Visa category allows the temporary employment in the U.S. of individuals in temporary or peak load positions for one-year periods of time. An individual may be employed in the U.S. in the H-2B Visa category for up to 36 months. Individuals who are sponsored under this work visa category are sponsored pursuant to the sponsoring Employer having obtained approval of a Temporary Labor Certification Application by the U.S. Department of Labor. Approval of this application establishes that there are no qualified American Workers available to perform the duties of temporary job position for which the Alien Worker is being sponsored.

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H-3 Visas for U.S. training of overseas workers

The H-3 Visa category allows the temporary training of an individual in the United States for a period of up to 2 years. Generally, the employer must establish that the employee will do no productive work while in the United States on the H-3 Training Visa. If any work is performed, it will only be incidental work designed to reinforce the training that the sponsored employee is receiving.

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K-VISA FOR YOUR HUSBAND, WIFE, OR FIANCEE

Husbands, wives, and fiancés rely on the K-Visa to bring them together. There are two types of K Visas and your specific situation will be reviewed by the firm to determine which type of K Visa will quickly allow your fiancé, husband or wife to enter the United States.

K1 Visa (K-1 Visa) for your fiancé

The K1 Visa is a "true" fiancé visa. If you are a U.S. citizen and you plan to marry someone who is from another country who is not physically in the U.S., you may sponsor your fiancé for a K1 Visa. Approval of this visa will allow your fiancé to enter the U.S., marry you, and have a permanent resident application filed in the U.S. on her or his behalf.

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K3 Visa (K-3 Visa) for husbands and wives

The K3 Visa allows you to marry outside of the U.S. and file an application to bring your new wife or husband to the U.S. Upon approval of the K3 Visa, your wife or husband may enter the U.S. and then have a Permanent Residence Application filed in the U.S. on her / his behalf.

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L WORK VISAS

The L work visa category allows multinational companies to transfer overseas employees to the United States. These employees may be transferred to the United States on an L work visa if the employee has been employed outside of the United States by the U.S. employer’s subsidiary, parent company or corporate affiliate. Employees who are transferred to the U.S. on an L work visa must be continuously employed abroad for one (1) continuous year within the three (3) year period of time preceding the L visa application being submitted to USCIS. The transferred employee must be employed abroad as either an executive, manager, or as an employee who possesses specialized knowledge. The transferred employee must be sponsored to fill an executive, managerial or specialized knowledge position within the United States.

L-1A Visa for managers and executives who are intracompany transferees

The L-1A Non-immigrant Work Visa allows overseas employees of multinational companies, who are managers or executives, to fill a managerial or executive position.

A. Requirements for L-1A Visa:

The sponsored employee must be employed outside the U.S. in a specialized knowledge, managerial, or executive position... for at least one (1) continuous year... within the three (3) years prior to being sponsored for the L-1A visa.

The sponsored employee has been employed outside of the U.S. by the subsidiary, corporate affiliate, or parent company of the U.S. employer... that is sponsoring the employee.

The sponsored employee is being transferred to the U.S. to fill a managerial or executive position.

B. Time allowed to work in the United States on an L-1A Visa;

Employees sponsored to work in the U.S. on an L-1A Visa are allowed to initially work in the U.S. for up to three (3) years.

The sponsored individual is allowed to work in the U.S. in L-1A Visa status for up to seven (7) years.

C. Spousal Employment:

As of January 16, 2002, USCIS may grant employment authorization to the spouse of an L-1A non-immigrant. The request for employment authorization may be for a period of two (2) years.

L-1B Visa for specialized knowledge employees who are intracompany transferees

The L-1B Non-immigrant Work Visa allows overseas employees of multinational companies who possess "specialized knowledge" to be transferred to the U.S. to fill a position which requires their pre-existing specialized knowledge.

A. Requirements:

The sponsored employee must be employed outside the U.S. in a specialized knowledge position... for at least one (1) continuous year... within the three (3) years prior to being sponsored for the L-1B visa.

"Specialized knowledge" means that the sponsored employee possesses knowledge of the petitioning employer's products, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the employer's processes and procedures.

The sponsored employee has been employed outside of the U.S. by the subsidiary, corporate affiliate or parent company of the U.S. employer... that is sponsoring the employee.

The sponsored employee is being transferred to the U.S. to fill a specialized knowledge position.

B. Time allowed to work in the United States on an L-1B Visa.

Employees sponsored to work in the U.S. on an L-1B Visa are allowed to initially work in the U.S. for up to three (3) years.

The sponsored individual is allowed to work in the U.S. in L-1B Visa status for up to five (5) years.

C. Spousal Employment:

As of January 16, 2002, USCIS may grant employment authorization to the spouse of an L-1B non-immigrant. The request for employment authorization may be for a period of two (2) years.

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L-2 Spousal Employment

As of January 16, 2002, USCIS may grant employment authorization to the spouse of either an L-1A (manager/executive) or L-1B (specialized knowledge) non-immigrant. The request for employment authorization may be for a period of two (2) years.

NAFTA Employment / Work Visa

Under the North American Free Trade Agreement (NAFTA), TN work visa status is available for Canadian and Mexican citizens who will enter the US to be engaged in activities at a professional level. Performing activities at a professional level is generally defined as filling a job that requires at least a baccalaureate degree or appropriate credentials such as a professional license. The TN work visa category also allows the sponsorship of a Canadian citizen or a Mexican citizen who does not have a professional degree or license. This type of TN work visa sponsorship is allowed if the Canadian or Mexican citizen is sponsored as a scientific technician/technologist who is working in direct support of professionals.

TN Employment / Work Visa for Canadian Citizens

A. Requirements:

The sponsored employee must prove Canadian citizenship.

The sponsored employee must demonstrate that he/she will perform a profession or occupation set forth on the list of professions and occupations qualifying for issuance of TN visa status.

The sponsored employee must demonstrate that he/she has either the minimum education or employment experience required to perform a profession or occupation, which qualifies for the issuance of TN visa status.

B. Time Allowed to Work on TN Visa.

Canadian citizens are granted TN work visa status, which is valid for up to one (1) year. The TN work visa status is renewable in one-year increments.

C. Initial Processing:

Canadian citizens may apply for TN work visa status at any U.S. Port of Entry to the United States. Processing will take place while the sponsored employee waits.

Canadian citizens who are in the U.S. may file an application with the Vermont Service Center of USCIS to change their non-immigrant visa status to TN non-immigrant work visa status.

D. Extension of TN Visa Status:

Applications of Canadian Citizens to extend their TN work visa status for an additional year may be made while the sponsored employee is in the United States. The TN visa status extension application is filed with the Nebraska Service Center of USCIS.

Requests of Canadian Citizens to extend their TN work visa status for an additional year may also be made at any U.S. Port of Entry while the sponsored Employee waits.

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TN Employment / Work Visa for Mexican Citizens

A. Requirements:

The sponsored employee must prove Mexican citizenship.

The sponsored employee must demonstrate that he/she will perform a profession or occupation set forth on the list of professions and occupations that qualify for the issuance of a TN visa.

The sponsored employee must demonstrate that he/she has either the required minimum education or the employment experience that is required to perform a profession or occupation, which qualifies for the issuance of a TN visa.

B. Time Allowed to Work on TN Visa.

Mexican Citizens are granted a TN work visa which is valid for up to one (1) year. The TN work visa is renewable in one-year increments.

C. Initial Processing:

Mexican citizens may apply for a TN work visa at an American Consulate that is located in Mexico. Processing will take place while the sponsored employee waits.

Mexican citizens who are legally in the United States may file an application with the Nebraska Service Center of USCIS to change their non-immigrant visa status to TN non-immigrant visa status.

D. Extensions of TN Visa Status:

Requests to extend a TN work visa status of a Mexican citizen for an additional year may be applied for... while the sponsored employee is in the United States. The application is filed with the Vermont Service Center of USCIS.

Requests of Mexican citizens to extend their TN work visas for an additional year may also be applied for... at an American consulate that is located in Mexico... while the sponsored employee waits.

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O-1 Visa for individuals of extraordinary ability in the sciences, arts, or business

The O-1 Visa Category may be used to sponsor a person who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim.

The initial time of authorized stay is for up to three years. The O Visa may be extended for one year periods of time.

Employment / Corporate immigration matters

The attorneys in our firm have extensive experience representing corporations in business immigration matters. Our law firm represents corporations and individual clients in all areas of business immigration matters, including H-1B Visas, H-2B Peak Load Visas, H-3 Training Visas, L-1A for Managers and Executives, and L-1B Visas for Specialized Knowledge Employees. We specialize in assisting companies seeking to transfer employees and their families from countries around the world... to the United States. To assist your company in transferring employees to the U.S., our firm processes visas and other immigration matters with the U.S. Citizenship and Immigration Services and its local offices throughout the United States... and at American Consulates throughout the world. In addition, The Shapiro Law Group works with foreign law firms to help individuals obtain work visas allowing their legal employment in Canada, England, Mexico and other countries.

Labor Certification Applications (PERM)

Generally, employees who have entered the U.S. on an H-1B Visa or an L-1B Visa... require approval of a labor certification application on their behalf... before being allowed to be sponsored for an employment-based immigrant visa (green card). The PERM Labor Certification Process went into effect on March 28th. The following is a brief synopsis of the PERM process:

The U.S. Department of Labor (US DOL) has eliminated the Traditional Recruitment and Reduction in Recruitment methods of obtaining approval of a Labor Certification on behalf of a sponsored foreign national employee.

As of March 28, 2005, employers may only file labor certifications with the US DOL using the new PERM system. This system involves the filing of an on-line, 10-page attestation form.

PERM requires the placement of two (2) Sunday classified newspaper ads, plus the placement of a job order with the state workforce agency.

Sponsorship of an employee for a Professional position requires that the sponsoring employer make at least three (3) additional types of recruitment efforts to fill the position with an American worker.

The US DOL hopes that filing labor certification applications under the PERM process will reduce the Labor Certification process from several years to six (6) months, including the period of time where advertising, the job order with the state workforce agency, and other recruitment efforts take place.

Under PERM, Employers must maintain detailed records of their recruitment efforts and results. The employer or their attorney must submit the records to the US DOL in the event of a requested audit.

Employers who already have filed a Labor Certification application on behalf of a sponsored employee may choose to continue under the current Traditional or RIR process, or choose to refile an application under the PERM process. The decision to refile under PERM should only be made after consulting with your immigration counsel.

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Obtaining Visas from Overseas American Consulates

Our firm assists clients from all over the world, including Canada, Mexico, England, China, Pakistan, India, and the Philippines. We assist in the preparation of applications for immigrant and non-immigrant visas at American Consulates that are located throughout the world. Our legal services include preparation of the following types of visa applications that are submitted to American Consulates: B-1/B-2 work visas for visitors, business travelers, and nannies; E-2 Treaty Trader work visas; H-1B, H-1C, H-2B and H-3 work visas; L-1 Blanket visas; L-1 visas; visas for accompanying spouses and children under the age of 21 and Family Based immigrant visas.

Student Visa matters for holders of F1 Student Visas (F-1 Student Visas) and J1 Student Visas (J-1 Student Visas)

We specialize in assisting students file applications changing from student non-immigrant status to authorized work visa status. Approval of these applications allows students to be employed and reside in the U.S. Our firm also assists students in issues relating to obtaining Student Practical Training.

Adjustment of status / permanent resident processing

Our firm prepares applications allowing individuals to and family members (including minor children under the age of 21) to file an application to adjust status (green card application) within the U.S. at the CIS Regional Service Center or local District Office having jurisdiction over their case. As of July 1, 1999, individuals may utilize a valid L-1B or H-1B visa stamp in their passport to exit and enter the United States instead of using an advance parole during the time that an adjustment of status application is pending on his / her behalf. Family members also may utilize valid L-2 or H-4 visa stamps in their passports to travel in and out of the United States. Individuals who are not in possession of a valid non-immigrant visa, or who have a TN visa will require Advance Parole Travel Documents if they desire to exit and reenter the U.S. while their green card application is pending.

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U.S. Citizenship Applications (Naturalization)

Our firm assists clients prepare Naturalization applications on their behalf allowing them to obtain U.S. citizenship. Members of our firm provide information to individuals assisting them to meet the naturalization requirement of establishing a knowledge and understanding of the history and government of the U.S.

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Conrad Waivers for foreign physicians

Physicians who are subject to the J Visa two year foreign residency requirement may obtain a waiver of this requirement by being sponsored by an interested State Department of Public Health that recommends the issuance of a waiver to the U.S. Department of State. The waiver is based on the physician being sponsored to provide medical services in a medically underserved HPSA or MHPDH area. The Physician must be sponsored to perform primary care services as a general/family practice, general internal medicine, pediatrics, or obstetrics and gynecology doctor. Each state department of public health may grant up to 30 waivers each fiscal year. This type of waiver is commonly referred to as a "CONRAD" waiver.

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Work Visa allowing employment outside of the U.S. in Canada, Mexico, the UK and other countries.

The Shapiro Law Group works with foreign law firms to help individuals obtain work visas allowing their legal employment in Canada, England, Mexico and other countries.

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Diversity Immigrants (Visa Lottery)

Every year, the United States Citizenship and Immigration Services (CIS) holds an immigrant visa lottery. Individuals who qualify for green cards under this process are referred to as Diversity Immigrants. An applicant may qualify as a diversity immigrant if he or she meets the following requirements:

He or she must have a high school diploma or its equivalent.

He or she must within 5 years of applying have at least 2 years of work experience in an occupation that requires at least 2 years training or experience.

The applicant must submit an application to the CIS requesting to be chosen as a Diversity Immigrant.

The applicant must have been born in a country which qualifies its citizens to apply for a Diversity Immigrant visa.

If the applicant is chosen, his or her spouse and children are also eligible to receive immigrant visa status.

The selection process is a random selection each fiscal year. Thus, the process is frequently referred to as the visa lottery.